Thayer Export Lumber Co. v. Naylor

Citations

• 100 Miss. 841
• 57 So. 227

Syllabus

<p>1. Parol Evidence to Explain Writing. Resale. Instructions.</p> <p>When in a suit, a writing between the parties, was- offered in evidence the meaning of which was uncertain and doubtful and the plaintiff was permitted to testify as to the meaning of the doubtful words, it was reversible error not to have permitted defendant to give his version of what was intended.</p> <p>2. Same.</p> <p>Prior introduction of inadmissible evidence estops the party offering it from objecting to the admission of similar evidence offered on the part of his opponent..</p> <p>3. Action. Resale. Instructions.</p> <p>Where a buyer of lumber refused to accept, and the seller resold it, and sued for the difference in price, and there was a conflict in the evidence as to whether or not the price of lumber had declined during the period between the time of the breach and the resale, it'was error for the court to give an instruction which ignored the fact that it was the duty of plaintiff to show that he had sold the lumber within a reasonable time at the best price obtainable.</p>